Statement of Catherine Chase President Advocates for Highway and Auto Safety on “Autonomous Vehicles: Promises and Challenges
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STATEMENT OF CATHERINE CHASE PRESIDENT ADVOCATES FOR HIGHWAY AND AUTO SAFETY ON “AUTONOMOUS VEHICLES: PROMISES AND CHALLENGES OF EVOLVING AUTOMOTIVE TECHNOLOGIES” SUBMITTED TO THE UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUBCOMMITTEE ON CONSUMER PROTECTION AND COMMERCE FEBRUARY 11, 2020 Introduction Advocates for Highway and Auto Safety (Advocates) is a coalition of public health, safety, and consumer organizations, insurers and insurance agents that promotes highway and auto safety through the adoption of federal and state laws, policies and regulations. Advocates is unique both in its board composition and its mission of advancing safer vehicles, safer motorists and road users, and safer infrastructure. In 2018, 36,560 people were killed and 2.7 million people were injured in motor vehicle crashes.1 Moreover, crashes impose a financial toll of well over $800 billion in total costs to society and $242 billion in direct economic costs, equivalent to a “crash tax” of $784 on every American.2 This carnage and expense are unacceptable. Our Nation is at a Transformational Time in Transportation History with Innovative and Cost-Efficient Safety Solutions Proven to be Effective and Available Every day on average, over 100 people are killed and nearly 7,500 people are injured in motor vehicle crashes. While far too many lives are lost and people are injured on our Nation’s roads each year, proven solutions are currently available that can prevent or mitigate these senseless tragedies. The National Highway Traffic Safety Administration (NHTSA) currently values each life lost in a crash at $9.6 million. Each one of these preventable deaths not only irreparably harms families and communities, but they also impose significant economic costs on society that can and should be avoided. Advocates remains optimistic that in the future autonomous vehicles (AVs) may bring about meaningful and lasting reductions in motor vehicle crashes. However, that potential remains far from a near-term certainty or reality. As Dr. M. L. Cummings, the well-known and well-respected Director of the Humans and Autonomy Lab, Pratt School of Engineering, Duke University, notes in Rethinking the maturity of artificial intelligence in safety- critical settings: While AI augmentation of humans in safety-critical systems is well within reach, this success should not be mistaken for the ability of AI to replace humans in such systems. Such a step is exponential in difficulty and with the inability of machine learning, or really any form of AI reasoning, to replicate top-down reasoning to resolve uncertainty, AI-enabled systems should not be operating in safety critical systems without significant human oversight.3 Therefore, it is essential to take lifesaving action now to require all new vehicles be equipped with available vehicle technologies, also known as advanced driver-assistance systems (ADAS), which prevent and lessen the severity of crashes. The National Transportation Safety Board (NTSB) has included increasing implementation of collision avoidance technologies in its Most Wanted Lists of Transportation Safety Improvements since 2016.4 It is a transformational time in transportation innovation with the recent availability of new safety technologies in vehicles to prevent or mitigate crashes and protect occupants and road users. 1 Statistics are from the U.S. Department of Transportation unless otherwise noted. 2 “The Economic and Societal Impact of Motor Vehicle Crashes, 2010,” NHTSA (2015). 3 Cummings, M.L, "Rethinking the maturity of artificial intelligence in safety-critical settings," AI Magazine, in review. 4 NTSB Most Wanted List Archives, https://ntsb.gov/safety/mwl/Pages/mwl_archive.aspx 1 Currently available proven collision avoidance systems include automatic emergency braking (AEB), lane departure warning (LDW), blind spot detection (BSD), rear AEB and rear cross- traffic alert. The Insurance Institute for Highway Safety (IIHS) has found that: • AEB can decrease front-to-rear crashes with injuries by 56 percent; • LDW can reduce single-vehicle, sideswipe and head-on injury crashes by over 20 percent; • BSD can diminish injury crashes from lane change by nearly 25 percent; • Rear AEB can reduce backing crashes by 78 percent when combined with rearview camera and parking sensors; and, • Rear cross-traffic alert can reduce backing crashes by 22 percent.5 These crash avoidance safety systems are often sold as part of an additional, expensive trim package along with other non-safety features, or included as standard equipment in high end models or vehicles. Moreover, there are currently no minimum performance standards to ensure they execute as expected. The IIHS has also found that while nighttime visibility is essential for safety, few vehicles are equipped with headlights that perform well.6 Federal Motor Vehicle Safety Standard (FMVSS) 108 should be upgraded to improve headlight performance. Unfortunately, directives from Congress are needed to accomplish these needed improvements because of Agency inaction and industry resistance. Furthermore, voluntary industry agreements have been demonstrated to be ineffective as most recently evidenced by the March 2016 agreement among 20 automakers to have AEBs in most new light vehicles by 2023. To date, two manufacturers, which account for nearly a third of the U.S. auto market, demonstrate this lackluster response to the detriment of the motoring public. Only 29 percent of General Motors’ vehicles and 9.5 percent of Fiat Chrysler vehicles were sold with AEB between September 1, 2018 through August 31, 2019. Moreover, at any time, an automaker could decide it no longer wants to comply with the agreement without any ramifications. Advocates urges Congress to require that advanced technologies which have proven to be effective at preventing and mitigating crashes be standard equipment with minimum performance standards. Advocates is a long-time proponent of this strategy which has produced numerous safety successes including airbags, electronic stability control, and most recently rearview cameras. In fact, in 2015 NHTSA estimated that since 1960, more than 600,000 lives have been saved by motor vehicle safety technologies.7 Legislation already has been introduced in the 116th Congress which, if enacted, would achieve the goal of providing lifesaving technologies as standard equipment on new motor vehicles. The Protecting Roadside First Responders Act (H.R. 4871/S. 2700) directs the U.S. Department of Transportation (DOT) to require certain crash avoidance technologies that meet a minimum performance requirement in all new vehicles. We urge Congress to enact this legislation promptly. Congress should also swiftly enact the Safe Roads Act of 2019 (H.R. 3773) and the 5 IIHS, Real world benefits of crash avoidance technologies, available at: https://www.iihs.org/media/259e5bbd- f859-42a7-bd54-3888f7a2d3ef/e9boUQ/Topics/ADVANCED%20DRIVER%20ASSISTANCE/IIHS-real-world- CA-benefits.pdf 6 IIHS, Headlights improve, but base models leave drivers in the dark (Nov. 29, 2018). 7 Lives Saved by Vehicle Safety Technologies and Associated Federal Motor Vehicle Safety Standards, 1960 to 2012, DOT HS 812 069 (NHTSA, 2015). 2 School Bus Safety Act of 2019 (H.R. 3959/S.2278), legislation which would require advanced technologies in commercial motor vehicles (CMVs) and school buses. Additionally, more than 900 children have died in hot cars since 1990. Education and awareness are at an all-time high, yet the number of children dying in hot cars is also at an all-time high. Inexpensive technology exists and is available today that can detect the presence of an occupant in a car and engage a variety of alerts in the form of honking horns, flashing lights, dashboard warnings or text messages. Congress should enact the Hot Cars Act (H.R. 3593) which directs the Secretary of Transportation to issue a rule requiring such technology in all new cars. Such detection systems may have other useful applications. For example, this type of technology could detect whether occupants are properly restrained and may satisfy requirements for occupant protection. Specifically, the Moving Ahead for Progress in the 21st Century (MAP-21) Act (Pub. L. 112-141) directed the U.S. DOT to issue a rule requiring rear seat belt reminders in all new cars by October 2015. This regulation, which is long overdue, could be potentially met by an occupant detection sensor. In the future, as driverless cars are deployed, this type of technology could communicate to the AV system that the car is occupied and would support determining if those occupants are restrained properly. On the path to AVs, requiring minimum performance standards for these foundational technologies will ensure the safety of all road users while also building consumer confidence in the capabilities of these newer crash avoidance technologies. Autonomous Vehicles: What the Public is Thinking, What’s Happening on Public Roads, What Other Countries are Doing, and What Industry Executives are Predicting AVs, also known as driverless cars, are being developed and tested on public roads without sufficient safeguards to protect both those within the AVs and everyone sharing the roadways with them, and without express consent. Advocates is very concerned that an artificial rush to pass legislation, fueled by AV manufacturers wanting to be the first to market and recoup their substantial investments, already surpassing $100 billion, could significantly undermine safety